Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 30772 (CAL)

SWAPAN MONDAL AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/16000/2026 · 2026-07-29

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

5 2299..0077..22002266 Ct. No. 05 adeb WPA 16000 of 2026 Swapan Mondal & Ors. Vs. The State of West Bengal & Ors. Mr. Mujibar Ali Naskar Mr. Sadik Ali Dhali …for the petitioners Ms. Reshmi Ghosh Mr. Chandrachur Lahiri …for the State Mr. Abhijit Pal …for the respondent nos. 12 to 30 1. Affidavit of service filed on behalf of the petitioners is taken on record. 2. From the submissions made on behalf of the parties it appears that there was dispute with regard to partition of property amongst co- sharers which led to initiation of proceeding before the Civil Court by filing a suit for partition being Title Suit No. 24 of 2000. 3. It is disclosed in the communication dated 28th July, 2026 of Inspector-in-Charge, Hasnabad Police Station, Basirhat Police District that there was a preliminary decree passed in the aforesaid suit on 22nd March, 2007 and subsequently based on report of Survey Commissioner final decree was passed on 27th March, 2019. 4. Nothing is shown on behalf of private respondents being co-sharers that appeal was 2 preferred against final decree dated 27th March, 2019 excepting a Misc Case was filed for setting aside exparte decree. Fact remains till date final decree dated 27th March, 2019 subsists. 5. Therefore, taking note of final decree dated 27th March, 2019 it can be inferred that there is partition of the suit property by metes and bounds warranting steps to be taken by the concerned police authorities, if there is violation by private respondents. 6. Inspector-in-Charge, Hasnabad Police Station being respondent no. 2 is directed to take steps based on final decree dated 27th March, 2019 unless same is set aside, if necessary police assistance shall be provided for giving effect to such decree. Copy of final decree dated 27th March, 2019 is placed before this Court and same is taken on record. 7. Writ petition stands disposed of. 8. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)